Scheme Nickname: 
ITC - Ethic in Government enforcement

This Type B scheme concerns administrative enforcement of ethical restrictions on post-ITC employment activities under 18 U.S.C. § 207. Upon receipt of info regarding a possible violation of that statute (e.g. improperly using confidential info obtained while employed by the ITC), the Chairman of the ITC initiates a proceeding and coordinates with the Department of Justice and the Office of Government Ethics. Notice is provided to the former ITC employee of a pending administrative disciplinary proceeding and an opportunity for a hearing if requested.

An impartial "Examiner" (experienced government attorney appointed by the ITC Chairman) presides over the discipline proceeding. The Examiner issues a "recommended determination." The parties can file "exceptions" to the Examiner's recommended determination in a certain time frame. The Chairman issues the final decision, which is judicially reviewable. See 19 CFR § 200.735-126.

Comments/Notes on Adjudication Structure: 
NOTE: An Examiner shall be an impartial, experienced government attorney of high moral character and sound judgment. See 19 CFR § 200.735-126(c). Therefore, the Examiner does not have to be an ITC attorney.
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